Tucson, AZ asked in Traffic Tickets and Gov & Administrative Law for Arizona

Q: Georgia license suspended for alleged drug test refusal in Arizona; how to retain driving privileges?

I am a Georgia resident, and my driver's license was suspended due to an alleged refusal to take a drug test in Arizona, a state where I have not yet been found guilty, and there are no formal charges against me. I was arrested, but my initial arraignment was dismissed. I plan to attend court in Arizona on the 24th, hoping to retain my driving privileges. How can my Georgia license be suspended when I haven't been found guilty, and what can I do to address this situation with the Arizona Department of Motor Vehicles?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It seems like your Georgia license was suspended due to an alleged refusal to take a drug test in Arizona, which can lead to consequences even before formal charges are made. Many states, including Arizona, have laws that automatically suspend a driver's license if there is a refusal to take a drug or alcohol test after an arrest. This can happen regardless of whether you’ve been found guilty or not, as part of the "implied consent" laws that apply when you drive in those states.

Since your arraignment in Arizona was dismissed, this might not be the end of the situation. You will need to address the suspension with both the Arizona Department of Motor Vehicles (DMV) and possibly Georgia's DMV. If you haven’t been formally charged or convicted in Arizona, it’s crucial to clarify your situation at the upcoming court date, as this may help you challenge or resolve the suspension.

To regain your driving privileges, consider requesting a hearing with the Arizona DMV to appeal the suspension, as some states allow you to contest the refusal. Be prepared with any evidence from your case, such as the dismissal of charges. Also, stay in touch with the Georgia DMV to ensure they are aware of any developments and to see if they can help you retain or reinstate your license based on Arizona’s actions.

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